F IRST ANNIVERSARY OF THE HUD SMOKE - FREE HOUSING RULE : S UCCESSES , CHALLENGES , AND NEXT STEPS 7/25/19 2
PRESENTERS Rachel Kara Deborah Mike Callanan, Skahen, Thrope, Freiberg, Public ANSR-MN National Public Health Law Housing Health Law Center Law Project Center 7/25/19 3
AGENDA • The benefits of smoke-free housing (Kara Skahen) • Overview of the HUD smoke-free housing rule (Mike Freiberg) • Effective and Equitable Smoke-Free Public Housing (Deborah Thrope) • Enforcement Challenges (Deborah Thrope and Mike Freiberg) • Smoke-free housing policies beyond public housing Thanks to our funder: (Mike Freiberg) • Resources (Rachel Callanan) • Q & A 7/25/19 4
THE PUBLIC HEALTH LAW CENTER 7/25/19 5
LEGAL TECHNICAL ASSISTANCE Legal Research Policy Development, Implementation, Defense Publications Trainings Direct Representation Lobby 7/25/19 6
Image credit: Sam Bradd https://drawingchange.com/gathering-wisdom-visuals-for-a-healthy-future/ 7/25/19 7
POLLING QUESTIONS 1 & 2 1) Who is on the call today? a) Public housing administrator or manager b) Attorney c) Public health professional d) Resident service provider e) Resident 2) In which part of the country do you reside? a) NE b) SE c) Midwest d) NW e) SW 7/25/19 8
The Benefits of Smoke-Free Housing Kara Skahen
Why smoke-free housing? Ø Promote health equity Ø Protected investments Ø Increase cost savings Ø Protect vulnerable Ø Reduced legal liability populations Ø Reduced fire risk Ø Help obtain funding Ø Potential insurance savings to build affordable or green housing Everyone deserves a safe, clean, healthy, affordable place to live.
Support is growing nationally Voluntary policy To address growing Cities and adoption has been health disparities, in counties are steadily increasing 2016 HUD announced now adopting nationwide for the a rule that all public smoke-free air past decade, housing must be incentives and especially in market smoke free ordinances rate housing
SMOKE-FREE PUBLIC HOUSING HAS… Ø Saved an estimated Ø Given a voice to $521 million per year residents suffering Ø Protected over one due to SHS exposure million households Ø Increased awareness from the harms of of cessation second and third- resources available hand smoke, including children Ø Promoted broad and the elderly discussion of healthy housing issues Ø Helped residents quit smoking
LESSONS LEARNED Ø Partnering with residents is key to success and Ø Remember: goal is to promote promoting clean, healthy air for everyone, compliance but this should be done fairly. Ø Success takes time Ø Access CAFA’s Compliance and and commitment Enforcement toolkit here: Ø Seek out mentors and www.smokefreepublichousingproject.org community resources
Resources available Ø Compliance and Enforcement Upcoming in-person trainings: Toolkit NAHRO Conference in Ø Ø Foundations for a Successful San Antonio in October Smoke-Free Policy Ø 8/26 NCTOH Ancillary Session: Ø Bi-monthly manager and One Year Later- Lessons resident service Learned from Smoke-Free provider/resident ‘Connect Public Housing Calls’ www.smokefreepublichousingproject.org
CONNECT WITH US info@smokefreepublichousingproject.org 651-646-3005 x301 www.smokefreepublichousingproject.org
HUD RULE OVERVIEW 7/25/19 16
HUD RULE – WHAT? • Public housing – Except mixed-finance – Scattered sites & single- family properties • Prohibited tobacco products – Combustibles (cigarettes, cigars, pipes, etc.) – Waterpipes (hookahs) – Does NOT include e-cigs 7/25/19 17
HUD RULE – WHERE? • All indoor areas – Living units – Interior areas (hallways, rental & administrative offices, community centers, day care centers, laundry rooms, etc.) • All outdoor areas within 25 ft. of buildings (or to the property boundary where 25 ft. is not feasible) – Entrances & windows – Decks, patios, balconies • No grandfathering 7/25/19 18
HUD RULE – WHERE? • No grandfathering • PHAs can add requirements to make their smoke-free policies more comprehensive than the HUD rule 7/25/19 19
HUD RULE – HOW? • Amend PHA plans – Significant amendment? Check PHA plan criteria. Likely yes. – 5 year plan / Annual plan • Amend all tenant leases or house rules – Model smoke-free lease / lease addendum – Model smoke-free house rules • Resident engagement (e.g., public meetings) • Board approval 7/25/19 20
LOCAL DISCRETION In addition to HUD rule requirements, PHAs may – • Restrict use of e-cigarettes • Make property 100% smoke-free • Increase building setbacks past 25 ft. • Add additional outdoor restrictions (playgrounds & picnic tables) • Include designated smoking areas • At least 25 ft. from buildings 7/25/19 21
POLLING QUESTION 3 3) What is a concern you have heard about the HUD smoke-free housing policy? a) It is not being enforced b) It is being enforced unfairly c) There is confusion about policy details d) There is no resident engagement e) There is a lack of staff capacity to maintain the policy f) Other (type in chat box) 7/25/19 22
Effective and Equitable Smoke-Free Public Housing Public Health Law Center Webinar July 23, 2019 Deborah Thrope dthrope@nhlp.org
Effective Smoke-Free Policies • Ability of PHA to regulate smoking on its property • Leads to improved public health due to a reduction in second-hand smoke, cost- savings, and other positive outcomes 2 4
Equitable Smoke-Free Policies • Ability of PHA to work with residents and support compliance with smoke-free rules • Avoids eviction and other negative outcomes for tenants • Recognizes that both smoking and non- smoking families deserve a safe and stable home 2 5
Equitable Implementation • Collaborate with residents and other stakeholders • Provide information to tenants about cessation services and access to free/low- cost health care clinics • Consider including in a smoke-free policy: Ø Designated smoking areas Ø A reasonable accommodation policy specific to smoking 2 6
Equitable Enforcement • HUD required housing authorities to amend public housing leases to include smoking in prohibited areas as a lease violation • Housing authorities should also consider Ø Evictions as a last resort Ø Graduated enforcement Ø No fines and fees Ø Reset the clock after positive performance 2 7
POLLING QUESTIONS 4 & 5 4) Have you seen improvement in air quality since the policy has gone into effect? a) Yes, less smoke is present and air quality is improving b) No change c) Unsure 5) How is the policy going so far? a) It’s going well b) No opinion c) Needs improvement 7/25/19 28
ENFORCEMENT CHALLENGES Question Number 1: How is the rule enforced? Do you have examples of best practices? 7/25/19 29
Equitable Enforcement: Best Practices 3 0
ENFORCEMENT PLAN - EXAMPLE 1 st Violation: Verbal warning & cessation materials • 2 nd Violation: Verbal warning, cessation materials, Resident • Service Referral 3 rd Violation: Written warning, cessation materials, Resident • Service Referral 4 th Violation: Notice to Vacate with Option to Remedy, • cessation materials, Resident Service Referral 5 th Violation: 10-day Notice to Vacate without the option to • remedy 7/25/19 31
ENFORCEMENT PLAN – EXAMPLE 2 1 st Violation: Written warning • 2 nd Violation: Written warning • 3 rd Violation: Letter of eviction • 7/25/19 32
ENFORCEMENT CHALLENGES Question Number 2: What penalties can be applied? Are fines or evictions allowed? 7/25/19 33
ENFORCEMENT CHALLENGES Question Number 3: What evidence can and will be used for enforcement of the rule? 7/25/19 34
COMPLIANCE & ENFORCEMENT ISSUES 7/25/19 35
ENFORCEMENT CHALLENGES Question Number 4: How does the reasonable accommodation requirement for persons with disabilities interact with the rule? 7/25/19 36
Reasonable Accommodations • A reasonable accommodation is a change in a rule, policy, practice or service that may be necessary to allow a person with a disability the equal opportunity to use and enjoy their home. • Smoking is not a disability as defined by fair housing and civil rights laws although residents can request an accommodation based on an underlying disability that 3 frustrates the tenant’s ability to comply with 7 smoke-free rules.
ACCOMMODATION OPTIONS • Move resident to a first floor unit or closer to an elevator or door to get outside. • Have a social worker place signs in the home reminding the resident to go outside. • Partner with local public health or community-based organizations to help the resident understand the policy, manage cravings, and provide available quitting resources if interested. 7/25/19 38
ENFORCEMENT CHALLENGES Question Number 5: What rights and protections do residents that smoke have? 7/25/19 39
ENFORCEMENT CHALLENGES Question Number 6: What is the role of the housing authority to assist with helping residents quit or reduce tobacco use? Do you have examples of best practices? 7/25/19 40
ENFORCEMENT CHALLENGES http://www.lungusa2.org/cessation2/ 7/25/19 41
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